COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 542
(By Senators Walker, Prezioso, Kessler, Plymale, McCabe,
Snyder, Minear, Chafin, Love, Ball, Dawson, Mitchell, Bowman,
Jackson, Unger, Edgell, Sharpe, Ross, Redd, Anderson and Dittmar)
____________
[Originating in the Committee on Finance;
reported March 1, 2000.]
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A BILL to repeal article two-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact articles one and two of said chapter,
all relating to the state public health system and local
boards of health and their purposes; definitions; powers and
duties of the secretary; rules; state health officer; powers
and duties of the commissioner; disposition of fees collected
by the commissioner; receipt and disbursement of federal aid;
employee training; investigations and hearings; authority to
create municipal, county and combined boards of health;
appointment to and composition of local boards of health; terms of appointment, compensation and expenses of members of
local boards of health; meetings, quorum, bylaws and powers
and duties of local boards of health; local health officer
appointment, qualifications and power and duties; financial
responsibilities of appointing authorities for local boards of
health; levies; appropriation of county or municipal general
funds for public health purposes; state funding; penalties;
and severability.
Be it enacted by the Legislature of West Virginia:
That article two-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; and that articles one and two of said chapter be amended
and reenacted, all to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-1. Purpose.
It is the policy of this state to promote the physical and
mental health of all of its citizens and to prevent disease,
injury, and disability whenever possible. The state recognizes its
responsibility to assist in the provision of essential public
health services and establishes by this article a state public
health system to work in conjunction with local boards of health to
provide basic public health services that encourage healthy people
in healthy communities.
§16-1-2. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this
article:
(a) "Basic public health services" means those services that
are necessary to protect the health of the public. The three areas
of basic public health services are communicable and reportable
disease prevention and control, community health promotion and
environmental health protection;
(b) "Bureau" means the bureau for public health in the
department of health and human resources;
(c) "Combined local board of health" is one form of
organization for a local board of health and means a board of
health serving any two or more counties or any county or counties
and one or more municipalities within or partially within the
county or counties;
(d)
"Commissioner" means the commissioner of the bureau for
public health, who is the state health officer;
(e) "County board of health" is one form of organization for
a local board of health and means a local board of health serving
a single county;
(f) "Department" means the West Virginia department of health
and human resources;
(g) "Director" or "director of health" means the state health officer. Administratively within the department, the bureau for
public health through its commissioner carries out the public
health functions of the department, unless otherwise assigned by
the secretary;
(h) "Essential public health services" means the core public
health activities necessary to promote health and prevent disease,
injury and disability for the citizens of the state. The services
include:
(1) Monitoring health status to identify community health
problems;
(2) Diagnosing and investigating health problems and health
hazards
in the community;
(3) Informing, educating and empowering people about health
issues;
(4) Mobilizing community partnerships to identify and solve
health problems;
(5) Developing policies and plans that support individual and
community
health efforts;
(6) Enforcing laws and rules that protect health and ensure
safety;
(7) Uniting people with needed personal health services and
assuring the provision of health care when it is otherwise not
available;
(8) Promoting
a competent public health and personal health
care workforce;
(9) Evaluating the effectiveness, accessibility and quality of
personal and population-based health services; and
(10) Researching for new insights and innovative solutions to
health problems.
(i) "Licensing boards" means those boards charged with
regulating an occupation, business or profession and on which the
commissioner serves as a member;
(j) "Local board of health," "local board" or "board" means a
board of health
serving one or more counties or one or more
municipalities or a combination thereof;
(k) "Local health department" means the staff of the local
board of health;
(l) "Local health officer" means the individual physician with
a current West Virginia license to practice medicine who supervises
and directs the activities of the local health department services,
staff and facilities and is appointed by the local board of health
with approval by the commissioner;
(m) "Municipal board of health" is one form of organization
for a local board of health and means a board of health serving a
single municipality;
(n) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which
public health performance can be measured;
(o) "Program plan" or "plan of operation" means the annual
plan for each local board of health that must be submitted to the
commissioner for approval;
(p) "Public water system" means any water supply or system
which regularly supplies or offers to supply water for human
consumption through pipes or other constructed conveyances, if
serving at least an average of twenty-five individuals per day for
at least sixty days per year, or which has at least fifteen service
connections, and shall include: (1) Any collection, treatment,
storage and distribution facilities under the control of the owner
or operator of the system and used primarily in connection with the
system; and (2) any collection or pretreatment storage facilities
not under such control which are used primarily in connection with
the system. A public water system does not include a system which
meets all of the following conditions: (1) Which consists only of
distribution and storage facilities (and does not have any
collection and treatment facilities); (2) which obtains all of its
water from, but is not owned or operated by, a public water system
which otherwise meets the definition; (3) which does not sell water
to any person; and (4) which is not a carrier conveying passengers
in interstate commerce;
(q) "Secretary" means the secretary of the state department of
health and human resources;
(r) "Service area" means the territorial jurisdiction of a
local board of health;
(s) "State advisory council on public health" is the advisory
body charged by this article with providing advice to the
commissioner with respect to the provision of adequate public
health services for all areas in the state;
(t) "State board of health" means
, and refers to, the
secretary, notwithstanding any other provision of this code to the
contrary, whenever and wherever in this code there is a reference
to the state board of health.
§16-1-3. Powers and duties of the secretary.
(a) The secretary may establish a state public health system.
(b) All powers and duties of the director of health previously
established by former section ten of this article that are not
specifically included in this chapter as powers and duties of the
commissioner are powers and duties of the secretary.
(c) As necessary for the effective, efficient and economical
operation of the system, the secretary may from time to time
delegate, assign, transfer or combine responsibilities or duties to
or among employees of the department.
(d) The secretary shall require every applicant for a license, permit, certificate of registration, or registration under this
chapter to place his or her social security number on the
application.
§16-1-4. Proposal of rules by the secretary.
The secretary may propose rules, in accordance with the
provisions of article three, chapter twenty-nine-a of the code,
that are necessary and proper to effectuate the purposes of this
chapter. The secretary may appoint or designate advisory councils
of professionals in the areas of hospitals, nursing homes, barbers
and beauticians, postmortem examinations, mental health and mental
retardation centers and any other areas necessary to advise the
secretary on rules.
The rules may include, but are not limited to, the regulation
of:
(a) Land usage endangering the public health:
Provided, That
no rules may be promulgated or enforced restricting the subdivision
or development of any parcel of land within which the individual
tracts, lots or parcels exceed two acres each in total surface area
and which individual tracts, lots or parcels have an average
frontage of not less than one hundred fifty feet even though the
total surface
area of the tract, lot or parcel equals or exceeds
two acres in total surface area, and which tracts are sold, leased
or utilized only as single family dwelling units. Notwithstanding the provisions of this subsection, nothing in this section may be
construed to abate the authority of the department to: (1)
Restrict the subdivision or development of a tract for any more
intense or higher density occupancy than a single family dwelling
unit; (2) propose or enforce rules applicable to single family
dwelling units for single family dwelling unit sanitary sewerage
disposal systems; or (3) restrict any subdivision or development
which might endanger the public health, the sanitary condition of
streams, or sources of water supply;
(b) The sanitary condition of all institutions and schools,
whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, all other
places open to the general public and inviting public patronage or
public assembly, or tendering to the public any item for human
consumption, and places where trades or industries are conducted;
(c) Occupational and industrial health hazards, the sanitary
conditions of streams, sources of water supply, sewerage facilities
and plumbing systems and the qualifications of personnel connected
with any of those facilities, without regard to whether the
supplies or systems are
publicly or privately owned; and the design
of all water systems, plumbing systems, sewerage systems, sewage
treatment plants, excreta disposal methods and swimming pools in
this state, whether publicly or privately owned;
(d) Safe drinking water, including:
(1) The maximum contaminant levels to which all public water
systems must conform in order to prevent adverse effects on the
health of individuals, and, if appropriate, treatment techniques
that reduce the contaminant or contaminants to a level which will
not adversely affect the health of the consumer. The rule shall
contain provisions to protect and prevent contamination of
wellheads and well fields used by public water supplies so that
contaminants do not reach a level which would adversely affect the
health
of the consumer
;
(2) The minimum requirements for: Sampling and testing;
system operation; public notification by a public water system on
being granted a variance or exemption or upon failure to comply
with specific requirements of this section and rules promulgated
under this section; record keeping; laboratory certification; as
well as procedures and conditions for granting variances and
exemptions to public water systems from state public water systems
rules; and
(3) The requirements covering the production and distribution
of bottled drinking water and may establish requirements governing
the taste, odor, appearance and other consumer acceptability
parameters of drinking water;
(e) Food and drug standards, including cleanliness, proscription of additives, proscription of sale and other
requirements in accordance with article seven of this chapter, as
are necessary to protect the health of the citizens of this state;
(f) The training and examination requirements for emergency
medical service attendants and
emergency medical care
technician-paramedics; the designation of the health care
facilities, health care services, and the industries and
occupations in the state which must have emergency medical service
attendants and emergency medical care technician-paramedics
employed, and the availability, communications, and equipment
requirements with respect to emergency medical care technician-
paramedics:
Provided, That any regulation of emergency medical
service attendants and emergency medical care technician paramedics
shall not exceed the provisions of article four-c, chapter sixteen
of this code.
(g) The health and sanitary conditions of establishments
commonly referred to as bed and breakfast inns. For purposes of
this article, "bed and breakfast inn" means an establishment
providing sleeping accommodations and, at a minimum, a breakfast
for a fee:
Provided, That the secretary may not require an owner
of a bed and breakfast providing sleeping accommodations of six or
fewer rooms to install a restaurant style or commercial food
service facility:
Provided, however, That the secretary may not require an owner of a bed and breakfast providing sleeping
accommodations of more than six rooms to install a restaurant-type
or commercial food service facility if the entire bed and breakfast
inn or those rooms numbering above six are used on an aggregate of
two weeks or less per year;
(h) Fees for services provided by the bureau for public health
including, but not limited to, laboratory service fees,
environmental health service fees, health facility fees and permit
fees;
(i) The collection of data on health status, the health system
and the costs of health care; and
(j) Other health-related matters
which the department is
authorized to supervise and for which the rule-making authority has
not been otherwise assigned.
§16-1-5. State health officer; appointment; qualifications; term.
The commissioner of the bureau for public health is the state
health officer and shall be appointed
by the secretary. The
commissioner shall be a physician licensed under
the laws of this
state to practice medicine or a person holding a doctorate degree
in public health administration. The commissioner shall have not
less than four years' experience in health services administration
or a related field. The commissioner serves at the will and
pleasure of the secretary and shall not be actively engaged or employed in any other business, vocation or employment, serving
full time in the duties of the office as prescribed by this
article.
§16-1-6. Powers and duties of the commissioner.
The commissioner is the chief executive, administrative and
fiscal officer of the bureau for public health and has the
following powers and duties:
(a) To supervise and direct the fiscal and administrative
matters of the bureau, and in that regard and in accordance with
law, employ, fix the compensation of, and discharge all persons
necessary for the proper execution of the public health laws of
this state and the efficient and proper discharge of the duties
imposed upon, and execution of powers vested in the commissioner by
law and as directed by the secretary;
(b)
To enforce all laws of this state concerning public
health; to that end, the commissioner shall make, or cause to be
made, investigations and inquiries respecting the cause of disease,
especially of epidemics and endemic conditions, and the means of
prevention, suppression or control of those conditions; the source
of sickness and mortality, and the effects of environment,
employment, habits and circumstances of life on the public health.
The commissioner shall further make, or cause to be made,
inspections and examinations of food, drink and drugs offered for sale or public consumption in the manner the commissioner considers
necessary to protect the public health and shall report all
violations of laws and rules relating to the law to the prosecuting
attorney of the county in which the violations
occur;
(c) To make complaint or cause proceedings to be instituted
against any person, corporation or other entity for the violation
of any public health law before any court or agency, without being
required to give security for costs; the action may be taken
without the sanction of the prosecuting attorney of the county in
which the
proceedings are instituted or to which the proceedings
relate;
(d) To promote the provision of essential public health
services to citizens of this state;
(e) To monitor the administration, operation and coordination
of the local boards of health and local health officers;
(f) To develop and maintain a state plan of operation which
sets forth the needs of the state in the areas of public health;
goals and objectives for meeting those needs; methods for achieving
the stated goals and objectives; and needed personnel, funds and
authority for achieving the goals and objectives;
(g) To collect data as may be required to foster knowledge on
the citizenry's health status, the health system and costs of
health care;
(h) To delegate to any appointee, assistant or employee any
and all powers and duties vested in the commissioner, including,
but not
limited to, the power to execute contracts and agreements
in the name of the bureau:
Provided, That the commissioner is
responsible for the acts of his or her appointees, assistants and
employees;
(i) To transfer at the direction of the secretary,
notwithstanding other provisions of this code, any patient or
resident between hospitals and facilities under the control of the
commissioner and, by agreement with the state commissioner of
corrections and otherwise in accord with law, accept a transfer of
a resident of a facility under the jurisdiction of the state
commissioner of corrections;
(j) To make periodic reports to the governor and to the
Legislature relative to specific subject areas of public health,
the state facilities under the supervision of the commissioner, or
other matters affecting the public health of the people of the
state, at the direction of the secretary;
(k) At the direction of the secretary, to accept and use for
the benefit of the health of the people of this state, any gift or
devise of any property or thing which is lawfully given:
Provided,
That if any gift is for a specific purpose or for a particular
state hospital or facility it shall be used as specified. Any profit which may arise from any gift or devise of any property or
thing shall be deposited in a special revenue fund with the state
treasurer and shall be used only as specified by the donor or
donors;
(l) To acquire by condemnation or otherwise any interest,
right, privilege, land or improvement and hold title to the land or
improvement, for the use or benefit of the state or a state
hospital or facility, and, by and with the consent of the governor,
and at the direction of the secretary, to sell, exchange or
otherwise convey any interest, right, privilege, land or
improvement acquired or held by the state, state hospital or state
facility and deposit the proceeds from the sale, exchange or other
conveyance into the hospital services revenue account. Any
condemnation proceedings shall be conducted pursuant to chapter
fifty-four of this code;
(m) To inspect and enforce rules to control the sanitary
conditions of and license all institutions and health care
facilities as set forth in this chapter, including, but not limited
to, schools, whether public or private, public conveyances,
dairies, slaughterhouses, workshops, factories, labor camps, places
of entertainment, hotels, motels, tourist camps, all other places
open to the general public and inviting public patronage or public
assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;
(n) To make inspections, conduct hearings, and to enforce the
legislative rules concerning occupational and industrial health
hazards, the sanitary condition of streams, sources of water
supply, sewerage facilities, and plumbing systems, and the
qualifications of personnel connected with the supplies, facilities
or systems without regard to whether they are publicly or privately
owned; and to make inspections, conduct hearings and enforce the
legislative rules concerning the design of chlorination and
filtration facilities and swimming pools;
(o) To provide in accordance with this subdivision and the
definitions and other provisions of article one-a, chapter twenty-
seven of this code, and as directed by the secretary, for a
comprehensive program for the care, treatment and rehabilitation of
alcoholics and drug abusers; for
research into the cause and
prevention of alcoholism and drug abuse; for the training and
employment of personnel to provide the requisite rehabilitation of
alcoholics and drug abusers; and for
the education of the public
concerning alcoholism and drug abuse;
(p) To provide in accordance with this subdivision for a
program for the care, treatment and rehabilitation of the parents
of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitation of parents of sudden infant death syndrome victims; for the education
of the public concerning sudden infant death syndrome; for the
responsibility of reporting to the Legislature on a quarterly basis
the incidence of sudden infant death syndrome cases occurring in
West Virginia; for the education of police, employees and
volunteers of all emergency services concerning sudden infant death
syndrome; for the state sudden infant death syndrome advisory
council to develop regional family support groups to provide peer
support to families of sudden infant death syndrome victims; and
for requesting appropriation of funds in both federal and state
budgets to fund the sudden infant death syndrome program;
(q) To establish and maintain a state hygienic laboratory as
an aid in performing the duties imposed upon the commissioner, and
to employ chemists, bacteriologists, and other employees that may
be necessary to properly operate the laboratory. The commissioner
may establish branches of the state laboratory at any points within
the state that are necessary in the interest of the public health.
(r) To establish a uniform health professionals data system to
collect and maintain uniform data on all health professionals in
the state. This data shall include, but not be limited to, the
following information about each health professional: His or her
name, profession, the area of the state where he or she is
practicing, his or her educational background, his or her employer's name, and number of years practicing within the
profession. The boards provided for in articles three, four,
four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen,
sixteen, twenty, twenty-one, twenty-three, twenty-eight, thirty-
one, thirty-two, thirty-four, thirty-five, thirty-six and thirty-
seven, chapter thirty of this code shall annually collect the data
on health professionals under their jurisdiction in the format
prescribed by the commissioner. Each board shall pay to the bureau
an amount, to be determined by the commissioner, to cover expenses
incurred by the bureau in establishing the uniform health
professionals data system required by this section. The
commissioner shall publish annually and make available, upon
request, a report setting forth the data which was collected the
previous year
; areas of the state which the collected data
indicates have a shortage of health professionals; and projections,
based upon the collected data, as to the need for more health
professionals in certain areas;
(s) To expend, for the purpose of performing the public health
duties imposed on the bureau, or authorized by law, any sums
appropriated by the Legislature. The commissioner may make advance
payments to public and nonprofit health services providers when the
commissioner determines it is necessary for the initiation or
continuation of public health services. The advance payments, being in derogation of the principle of payment only after receipt
of goods or services, shall be authorized only after serious
consideration by the commissioner of the necessity of the advance
payments and shall be for a period no greater than ninety days in
advance of rendition of service or receipt of goods and
continuation of health services; and
(t) To exercise all other
powers delegated to the commissioner
by the secretary or by this chapter or otherwise in this code, to
enforce all health laws, and to pursue all other activities
necessary and incident to the authority and area of concern
entrusted to the bureau or the commissioner.
§16-1-7. Duties and powers of the commissioner; service on
advisory councils, boards and commissions; authority
to designate a representative to serve in his or her
place on certain boards and commissions.
(a) The commissioner shall serve on the following business,
profession or occupation licensing boards:
(1) The West Virginia board of barbers and cosmetologists;
(2) The West Virginia board of chiropractic examiners;
(3) The West Virginia board of hearing aid dealers;
(4) The West Virginia board of medicine;
(5) The West Virginia nursing home administrators licensing
board;
(6) The West Virginia radiologic technology board of
examiners;
(7) The West Virginia board of registration for sanitarians;
and
(8) Any other licensing board or commission as directed by the
secretary.
(b) The commissioner shall serve on the following advisory
councils, boards and commissions:
(1) The advisory committee on cancer (cancer registry);
(2) The advisory committee on hemophilia;
(3) The air quality board;
(4) The Appalachian states low-level radioactive waste
commission;
(5) The attorney general of West Virginia public health trust;
(6) The breast and cervical cancer screening program advisory
coalition;
(7) The child fatality review team;
(8) The clinical laboratories quality assurance act advisory
board;
(9) The childhood immunization advisory committee;
(10) The early intervention coordinating council;
(11) The emergency medical services advisory council;
(12) The interagency council on osteoporosis;
(13) The Jail and prison standards commission;
(14) The medical service fund advisory council;
(15) The nursing home licensing advisory council;
(16) The sewage advisory board;
(17) The state emergency response commission;
(18) The state groundwater coordinating committee;
(19) The sudden infant death syndrome advisory council;
(20) The water development authority;
(21) The West Virginia commission for the deaf and hard of
hearing;
(22) The West Virginia infrastructure and jobs development
council;
(23) The West Virginia solid waste management board; and
(24) Any other advisory council, board or commission as
assigned by the secretary.
(c) Notwithstanding any other provision of this code to the
contrary, the commissioner may, at his or her discretion, designate
in writing a representative to serve in his or her stead at the
meetings and in the duties of all boards and commissions
on which
the commissioner is designated as an ex officio member. The
appropriately designated representative or proxy may act with the
full power and authority of the commissioner in voting, acting upon
matters concerning the public health and welfare and any other business which is properly the duty of any board or commission,
with the representative serving as proxy for the commissioner at
his or her will and pleasure:
Provided, That the provisions of
this section do not apply to the medical licensing board, the air
quality board or any other board, commission or body on which the
commissioner is
designated by this code as chairman ex officio,
secretary ex officio or any board, commission or body on which the
commissioner is designated by this code as being that person whose
signature must appear on licenses, minutes or other documents
necessary to carry out the intents and purposes of the board,
commission or body.
§16-1-8. Duties and powers of the commissioner; authorization to
cooperate with any state health planning and
development agencies and any federal government
agencies in hospital and other health facility
programs.
The commissioner at the direction of the secretary may
cooperate with any state health planning and development agencies
and any federal government agencies in programs for construction of
public or private hospitals, diagnostic or treatment centers,
chronic disease hospitals, rehabilitation facilities, nursing homes
and similar or related facilities and institutions. The
commissioner may make inventories of existing public health centers, public and private hospitals, diagnostic or treatment
centers, chronic disease hospitals, rehabilitation facilities,
nursing homes and similar or related facilities and institutions,
and the laboratories and other facilities thereof, to make surveys
of the need for construction of health facilities. The
commissioner may adopt, develop and supervise the administration of
the statewide plans or programs for the construction of additional
public and private hospitals, public health centers, public or
private diagnostic or treatment centers,
chronic disease hospitals,
rehabilitation facilities, nursing homes and similar or related
facilities and institutions, as may be necessary to comply with the
requirements and conditions of federal law in respect to the
granting of federal aid for those purposes. The commissioner, at
the direction of the secretary, shall develop standards to assure
that all requirements to obtain federal funds and meet the
commitments for federal funds are met.
The state health plan of operation set forth in this article
and the state medical facilities plan shall be a part of the state
health plan.
§16-1-9. Duties and powers of the commissioner; supervision over
local sanitation; violations; jurisdiction; penalties.
No person, firm, company, corporation, institution or
association, whether public or private, county or municipal, shall install or establish any system or method of drainage, water
supply, or sewage or excreta disposal without first obtaining a
written permit to install or establish the system or method from
the commissioner or his or her authorized representative. All
systems or methods shall be installed or established in accordance
with plans, specifications and instructions issued by the
commissioner or which have been approved in writing by the
commissioner or his or her authorized representative.
Whenever the commissioner or his or her authorized
representative finds, upon investigation, that any system or method
of drainage, water supply, or sewage or excreta disposal, whether
publicly or privately owned, has not been installed in accordance
with plans, specifications and instructions issued by the
commissioner or approved in writing by the commissioner or his or
her authorized representative, the commissioner or his or her
authorized representative shall issue an order requiring the owner
of the system or method to make alterations necessary to correct
the improper condition. The alterations shall be made within a
reasonable time which shall not exceed thirty days, unless a time
extension is authorized by the commissioner or his or her
authorized representative.
The presence of sewage or excreta being disposed of in a
manner not approved by the commissioner or his or her authorized representative constitutes prima facie evidence of the existence of
a condition endangering public health.
The personnel of the bureau for public health shall be
available to consult and advise with any person, firm, company,
corporation, institution or association, whether publicly or
privately owned, county or municipal, or public service authority,
as to the most appropriate design, method of operation or
alteration of
any system or method.
Any person, firm, company, corporation, institution or
association, whether public or private, county or municipal,
violating any provision of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not
less than two hundred dollars nor more than one thousand dollars.
Any continuing failure or refusal of the convicted person, firm,
company, corporation, institution or association, whether public or
private, county or municipal, to make the alterations necessary to
protect the public health required by the commissioner or his or
her authorized representative is a separate, distinct and
additional offense for each twenty-four hour period of failure or
refusal, and, upon conviction thereof, the violator shall be fined
not less than two hundred
dollars nor more than one thousand
dollars for each conviction:
Provided, That none of the provisions
contained in this section apply to those commercial or industrial wastes that are subject to the regulatory control of the West
Virginia division of environmental protection.
Magistrates have concurrent jurisdiction with the circuit
courts of this state for violations of any provisions of this
section.
§16-1-9a. Public water system defined; regulation of maximum
contaminant levels in water systems; authorization of
inspections; violations; criminal, civil and
administrative penalties; safe drinking water penalty
fund.
(a) A public water system is any water supply or system which
regularly supplies or offers to supply water for human consumption
through pipes or other constructed conveyances, if serving at least
an average of twenty-five individuals per day for at least sixty
days per year, or which has at least fifteen service connections,
and shall include: (1) Any collection, treatment, storage and
distribution facilities under the control of the owner or operator
of such system and used primarily in connection with such system;
and (2) any collection or pretreatment storage facilities not under
such control which are used primarily in connection with such
system. A public water system does not include a system which
meets all of the following conditions: (1) Which consists only of
distribution and storage facilities (and does not have any collection and treatment facilities); (2) which obtains all of its
water from, but is not owned or operated by, a public water system
which otherwise meets the definition; (3) which does not sell water
to any person; and (4) which is not a carrier conveying passengers
in interstate commerce.
(b)(1) The secretary shall prescribe by legislative rule the
maximum contaminant levels to which all public water systems shall
conform in order to prevent adverse effects on the health of
individuals, and, if the secretary considers appropriate, treatment
techniques that reduce the contaminant or contaminants to a level
which will not adversely affect the health of the consumer. The
rule shall contain provisions to protect and prevent contamination
of wellheads and well fields used by public water supplies so that
contaminants do not reach a level which would adversely affect the
health
of the consumer
.
(2) The secretary shall further prescribe by legislative rule
minimum requirements for: Sampling and testing; system operation;
public notification by a public water system on being granted a
variance or exemption or upon failure to comply with specific
requirements of this section and regulations promulgated under this
section; record keeping; laboratory certification; as well as
procedures and conditions for granting variances and exemptions to
public water systems from state public water systems regulations.
(3) In addition, the secretary shall establish by legislative
rule, in accordance with article three, chapter twenty-nine-a of
this code, requirements covering the production and distribution of
bottled drinking water and may by legislative rule, in accordance
with article three, chapter twenty-nine-a of this code, establish
requirements governing the taste, odor, appearance and other
consumer acceptability parameters of drinking water.
(c) Authorized representatives of the bureau have right of
entry to any part of a public water system, whether or not the
system is in violation of a legal requirement, for the purpose of
inspection, sampling or testing, and shall be furnished records or
information reasonably required for a complete inspection.
(d)(1) Any individual, partnership, association, syndicate,
company, firm, trust, corporation, government corporation,
institution, department, division, bureau, agency, federal agency,
or any entity recognized by law who violates any provision of this
section, or any of the rules or orders issued pursuant to this
section, is guilty of a misdemeanor and, upon conviction thereof,
may be fined not less than two hundred dollars nor more than one
thousand dollars, and each day's violation constitutes a separate
offense. The commissioner or his or her authorized representative
may also seek injunctive relief in the circuit
court of the county
in which all or part of the public water system is situated for threatened or continuing violations.
(2) For a willful violation of a provision of this section, or
of any of the rules or orders issued under this section for which
a penalty is not otherwise provided under subdivision (3) of this
subsection, an individual, partnership, association, syndicate,
company, firm, trust, corporation, government corporation,
institution, department, division, bureau, agency, federal agency,
or entity recognized by law, upon a finding of a willful violation
by the circuit court of the county in which the violation occurs,
may be subject to a civil penalty of not more than five thousand
dollars, and each day's violation may be grounds for a separate
penalty.
(3) The commissioner or his or her authorized representative
may assess administrative penalties and initiate any proceedings
necessary for the enforcement of drinking water rules. The
administrative penalty for a violation of any drinking water rule
is a minimum of one thousand dollars per day per violation and each
day's violation may be grounds for a separate penalty. In any
action brought to enforce drinking water rules, the administrative
penalty may not exceed an aggregate amount of five thousand dollars
for systems serving a population of less than ten
thousand persons
and may not exceed twenty-five thousand dollars for systems serving
a population of ten thousand persons or more. Penalties are payable to the commissioner. All moneys collected under this
section shall be deposited into a restricted account known as the
safe drinking water penalty fund previously created in the office
of the state treasurer. All money deposited into the fund shall be
used by the commissioner to provide technical assistance to public
water systems.
§16-1-9b. Permit approval for individual systems with surface
water discharge; reserve areas.
Individual systems with surface water discharge may be
considered for approval for a permit pursuant to section nine of
this article under the following conditions:(1) To correct existing
failures when other means of treatment and disposal have proven
ineffective; or (2) on a tract, lot or parcel of land that equals
or exceeds two acres which cannot qualify for standard or
alternative soil absorption systems; or (3) on existing lots which
received approval under a prior permit where it has been determined
that applicable standards cannot be met to qualify for a standard
or alternate soil absorption system. Approval under these
conditions are applicable only to single family residential units.
When installing a standard sewage disposal system, modified
system, experimental system or other approved system, the reserve
area shall consist of an area for the placement of the original
system together with an area for replacement and upgrade of absorption field lines within the reserve area. Testing of the
site for approval shall consist of a six foot hole and a
percolation test of the soils.
§16-1-10. Disposition of permit, license or registration fees
received by the commissioner; report to auditor;
health facility licensing account.
(a) The commissioner shall receive and account for all moneys
required to be paid as fees to the bureau for permits, licenses or
registrations, pursuant to the provisions of this code and
legislative rules.
(b) Subject to the provisions set forth in section two,
article two, chapter twelve of this code, there is continued in the
state treasury a separate account which shall be designated "the
health facility licensing account". The commissioner shall deposit
to the health facility
licensing account all health facility
licensing fees and may spend the moneys deposited in the health
facility licensing account in accordance with the laws of this
state to implement activities of health facility licensing. As
part of the annual state budget, the Legislature shall appropriate
for health facility licensure all moneys deposited in the health
facilities licensing account.
Any remaining balance including accrued interest in the
account at the end of any fiscal year shall not revert to the general revenue fund, but shall remain in the account, and the
moneys may be spent after appropriation by the Legislature in
ensuing fiscal years. The commissioner shall make an annual report
to the Legislature on the health facility licensing account,
including the previous fiscal year's expenditures and projected
expenditures for the next fiscal year.
§16-1-11. Disposition of fees for services charged and received by
the commissioner; health services fund.
(a) Notwithstanding any other provisions of this chapter, the
commissioner may assess and charge reasonable fees for the
provision of services provided by the bureau:
Provided, That no
individual may be denied health care services because of the
inability of the individual to pay for services when services are
provided to similarly situated individuals who have the ability to
pay for them. The fees shall be deposited into a special revolving
fund in the state treasury designated the "health services fund".
(b) Any balance including accrued interest in the special
revolving fund at the end of any fiscal year shall not revert to
the general revenue fund but shall remain in the fund for use by
the commissioner for funding health programs in the ensuing fiscal
years.
(c) The commissioner may authorize reasonable fees for the
provision of services by local boards of health as created in article two of this chapter:
Provided, That no individual may be
denied health care services because of the inability of the
individual to pay for services when services are provided to
similarly situated individuals who have the ability to pay for
them. The fees shall be deposited into the local board of health
account for use by the local board for funding health programs.
The commissioner shall establish the fees on a sliding fee basis
determined by an individual's ability to pay:
Provided, however,
That the local board of health may submit a request through the
administrator for third party reimbursement where the request is
appropriate:
Provided further, That local boards of health which
establish fees shall annually submit a schedule of fees, a sliding
fee scale and an accounting of amounts collected to the
commissioner as part of its program plan or plan of operation.
(d) The secretary shall promulgate rules in accordance with
article three, chapter twenty-nine-a of this code, setting forth
the fees established, assessed, and charged by the commissioner.
§16-1-12. Receipt and disbursement of federal aid and other moneys
for health purposes.
(a) The commissioner, at the direction of the secretary, may
accept, receive and receipt for federal moneys and other moneys,
either public or private, for and in behalf of this state or any
county or municipality of this state, for public health purposes, or for the establishment or construction of public health
facilities, whether the work is to be done by the state, or by the
county or municipality, or jointly, aided by grants of aid from the
United States, upon such terms and
conditions as are, or may be,
prescribed by the laws of the United States and regulations made
thereunder. The commissioner may act as the agent of the state or
any of its agencies, or of any county or municipality of this
state, upon the request of any agency of the state or of any county
or municipality, in accepting, receiving and receipting for the
moneys in its behalf, for public health facilities financed either,
in whole or in part, by federal moneys.
(b) The state, or any agency of the state, or any county or
municipality may, designate the commissioner as its agent for the
purposes set forth in subsection (a) of this section and the
agency, county or municipality may enter into an agreement with the
commissioner prescribing the terms and conditions of the agency in
accordance with federal laws and regulations, and with the laws of
this state. The moneys paid over by the United States government
shall be retained by the state or paid over to the counties or
municipalities under the terms and conditions imposed by the United
States government in making the grants.
(c) All moneys accepted for disbursement pursuant to this
section shall be deposited by the secretary or the commissioner in the state treasury, and unless otherwise prescribed by the
authority from which the money is received, kept in separate funds,
designated according to the purpose for which the moneys were made
available, and held by the state in trust for
those purposes. All
moneys are hereby appropriated for the purposes for which the
moneys were made available and shall be expended in accordance with
federal laws and regulations and with the laws of this state. The
commissioner may, whether acting for the state or one of its
agencies, or as the agency for any county or municipality, when
requested by the United States government or any agency or
department of the United States government, or when requested by
the state, a state agency, or any county or municipality for which
the moneys have been made available, disburse the moneys for the
designated purposes, but this shall not include any other
authorized method of disbursement.
§16-1-13. Hospital services revenue account; health facilities
long-range plans.
(a) Subject to the provisions set forth in section two,
article two, chapter twelve of this code, there is continued in the
state treasury a separate account which shall be designated the
"hospital services revenue account". The secretary shall deposit
promptly into the account any fees received by a facility owned and
operated by the department from whatever source including the federal government, state government or other third-party payer or
personal payment.
(b) A five-year health facilities long-range plan shall be
developed by the secretary and shall be adopted as a rule in
accordance with this chapter and article three, chapter twenty-
nine-a of this code. The health facilities long-range plan shall
be updated and revised at least every two years.
(c) The secretary may spend the moneys deposited in the
hospital services revenue account in accordance with federal laws
and regulations and with the laws of this state as necessary for
the development of the five-year health facilities long-range plan
and subsequent revisions. The secretary may spend the moneys
deposited in the hospital services revenue account as provided for
in the health facilities long-range plan at those times and in the
amounts the secretary determines necessary for the purpose of
improving the delivery of health and mental health services or for
the purpose of maintaining or obtaining certification at a state
health
or mental health facility:
Provided, That all
disproportionate share hospital funds received into the account
shall be transferred by intergovernmental transfer to the medical
services trust fund created in section two-a, article four-a,
chapter nine of this code, except for funds appropriated by the
Legislature for other purposes within the annual budget bill:
Provided, however, That during any fiscal year in which the
secretary anticipates spending any money from the account, he or
she shall submit to the executive department during the budget
preparation period prior to the Legislature convening, before that
fiscal year for inclusion in the executive budget document and
budget bill, his or her
recommended capital investments,
recommended priorities and estimated costs, as well as requests of
appropriations for the purpose of improving the delivery of health
or for the purpose of maintaining or obtaining certification at a
state health facility in the amounts the secretary determines to be
necessary for the development of, and as provided for in, the five-
year health facilities long-range plan and subsequent revisions.
(d) The secretary shall make an annual report to the
Legislature on the status of the health services revenue account,
including the previous year's expenditures and projected
expenditures for the next year.
§16-1-14. Training of employees.
To insure adequate standards of public service, the
commissioner may provide technical and specialized instruction for
employees of the bureau.
If upon review of the personnel records of any employee of the
bureau, the commissioner is of the opinion that it would be in the
best interest of the bureau to provide the employee with additional training or instruction, not to exceed nine months in any four-year
period, in the field or vocation in which the employee is engaged,
the commissioner may, upon approval of the secretary, direct that
the employee obtain the additional training or instruction at any
place the commissioner considers suitable. Designated attendance
of the employee shall be compensated for as a part of regular
employment. The commissioner is further authorized to pay out of
federal funds and such state funds as are available to match such
federal funds, any required tuition or enrollment fees.
§16-1-15. Investigations and hearings; power to administer oaths,
subpoena witnesses, etc.; use of information and material
acquired.
(a) The secretary, the commissioner, any officer or employee
of the department designated by the secretary, or any other
individual designated by the secretary may hold investigations,
inquiries and hearings concerning matters covered by the laws of
this state pertaining to public health and within the authority and
the rules and orders of the secretary. Hearings shall be open to
the public and shall be held upon any call or notice considered
advisable by the secretary.
(b) Each individual designated to hold any inquiry,
investigation or hearing shall have the power to administer oaths
and affirmations, certify
to all official acts, issue subpoenas and order the attendance and testimony of witnesses in the production
of papers, books and documents. In case of the failure of any
person to comply with any subpoena or order issued under the
authority of this section, the secretary or his or her authorized
representative may invoke
the aid of any circuit court of this
state. The court may thereupon order that person to comply with
the requirements of the subpoena order or to give evidence as to
the matter in question. Failure to obey the order of the court may
be punished by the court as a contempt of court.
(c) Subject to the provisions of subsections (a) and (b) of
this section, the secretary may in his or her discretion make
available
to appropriate federal, state and municipal agencies
information and material developed in the course of its
investigation and hearings:
Provided, That information obtained
from studies or from any investigation made or hearing held
pursuant to the provisions of this article may not be admissible in
evidence in any action at law to recover damages for personal
injury or in any action under the workers' compensation act, but
the information, if available
, shall be furnished upon request to
the commissioner of the bureau of employment programs for the sole
purpose of adjusting claims presented to the commissioner.
§16-1-16. Public health advisory council; duties; composition;
appointment; meetings; compensation; expenses and continuation.
(a) The public health advisory council is hereby created as an
advisory body to the commissioner for the purpose of advising the
commissioner as to the provision of adequate public health services
for all areas in the state.
(b) The council may advise the commissioner in all matters
pertaining to the commissioner's duties and functions concerning
public health and the provisions of this chapter. The council may
review all state public health rules and advise the commissioner on
necessary revisions. The council may advise the commissioner on
the need for additional or special advisory committees to assist
the council in matters concerning public health in relation to any
business, profession or industry in the state. The council shall
review all
performance based standards and assist the commissioner
in the development and implementation of a coordinated, population-
based prevention oriented program that promotes and protects the
health of all citizens of West Virginia.
(c) The council shall be composed of fifteen members appointed
by the governor by and with the advice and consent of the Senate.
The state insurance commissioner or his or her designated
representative shall serve as a member ex officio. Twelve members
shall be chosen from nominations by: (1) The West Virginia
association of local health officers which shall submit to the governor a list of three names of local health officers; (2) the
West Virginia association of local health departments which shall
submit to the governor a list of three names of members of local
boards of health; (3) the West Virginia association of county
commissioners which shall submit to the governor a list of three
names of representatives from its association; (4) the West
Virginia association of sanitarians which shall submit to the
governor a list of three names of representatives from its
association; (5) the West Virginia hospital association which shall
submit to the governor a list of three names of representatives
from its association; (6) the West Virginia medical association
which shall submit to the governor a list of three names of
representatives from its association; (7) the West Virginia
emergency medical services coalition, which shall submit to the
governor a list of three names of representatives from its
association; (8) the West Virginia primary care association which
shall submit to the governor a list of three names of
representatives from its association; (9) the nursing section of
the West Virginia public health association which shall submit to
the governor a list of three names of public health nurses; (10)
the state college and university systems of West Virginia which
shall submit to the governor a list of three names of
representatives from its members; (11) the state health education council which shall submit to the governor a list of three names of
individuals from the prevention and wellness community; and (12)
the state chamber of commerce which shall submit to the governor a
list of
three names of representatives from the business community.
The governor shall appoint one individual from each list submitted
to serve on the council. In addition the governor
shall appoint
two persons to represent the general public.
(d) Pursuant to the provisions of this section, the governor
shall appoint an advisory council on the first day of July, two
thousand. Of those first members appointed, one-third shall serve
for one year, one-third shall serve for two years and one-third
shall serve for three years. Each subsequent term shall be a three
year term and no member may serve more than four consecutive terms.
(e) The advisory council shall choose its own chairperson and
meet at the call of the commissioner at least twice a year.
(f) The members of the council shall receive compensation and
expense reimbursement in an amount not to exceed the same
compensation and expense reimbursement that is paid to members of
the Legislature for their interim duties as recommended by the
citizens legislative compensation commission and authorized
by law,
for each day or substantial portion of a day engaged in the
performance of official duties.
(g) Pursuant to the provisions of article ten, chapter four of this code, the state advisory council on public health shall
continue to exist until the first day of July, two thousand three.
§16-1-17. Penalties for interfering with examiners, inspectors or
other authorized representatives of the commissioner
in the performance of duty.
The commissioner may employ such administrative employees,
inspectors, examiners or other persons as may be necessary to
properly carry out the provisions of the public health laws of this
state. The inspectors, examiners and other employees shall act
as
the commission's representatives and, under his or her direction,
shall enforce the provisions of the public health laws and all duly
promulgated public health rules and in the discharge of official
duties, shall have the right of entry into any institution or
school, whether public or private, public conveyances, dairy,
creamery, slaughterhouse, workshop, factory, labor camp, place of
entertainment, hotel, tourist camp, all other places open to the
general public and inviting public patronage or public assembly, or
tendering to the public any item for human consumption, and places
where hazardous trades or industries are conducted.
Any person interfering with or attempting to interfere with
any inspector, examiner, or other duly authorized employee of the
commissioner in the discharge of his or her duties under this
section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one
thousand dollars.
§16-1-18. Penalties for violating provisions of article.
Any person violating any of the provisions of this article for
which the penalty is not otherwise provided, or any of the rules or
orders issued pursuant to this article, shall be punishable by a
fine of not less than two hundred dollars nor more than one
thousand dollars.
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-1. Purpose.
Local boards of health, created, established and operated
pursuant to the provisions of this article, are responsible for
directing, supervising and carrying out matters relating to the
public health of their respective counties or municipalities. This
article provides that local boards of health may be organized as
boards of health serving a single municipality, a single county or
a combination of any two or more counties or any county or counties
and one or more municipalities within or partially within the
county or counties. This article establishes uniform provisions
applicable to all local boards of health, whatever organizational
form is elected, to insure the consistent performance of duties
relating to basic public health services and other health services
and the enforcement of the laws of this state pertaining to public health.
§16-2-2. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(a) "Basic public health services" means those services that
are necessary to protect the health of the public and that a local
board of health must provide. The three areas of basic public
health services are communicable and reportable disease prevention
and control, community health promotion, and environmental health
protection;
(b) "Bureau" means the bureau for public health in the
department of health and human resources;
(c) "Clinical and categorical programs" means those services
provided to individuals of specified populations and usually focus
on health promotion or disease prevention. These services are not
considered comprehensive health care but focus on specific health
issues such as breast and cervical cancer, prenatal and pediatric
health services and home health service.
(d) "Combined local board of health" is one form of
organization for a local board of health and means a board of
health serving any two or more counties or any county or counties
and one or more municipalities within or partially within the
county or counties;
(e) "Commissioner" means the commissioner of the bureau for
public health, who is the state health officer;
(f) "Communicable and reportable disease prevention and
control" is one of three areas of basic public health services each
local board of health must offer. Services shall include disease
surveillance, case investigation and follow-up, outbreak
investigation, response to epidemics, and prevention and control of
rabies, sexually transmitted diseases, vaccine preventable
diseases, HIV/AIDS, tuberculosis and other communicable and
reportable diseases;
(g) "Community health promotion" is one of three areas of
basic public health services each local board of health must offer.
Services shall include assessing and reporting community health
needs to improve health status, facilitating community partnerships
including identifying the community's priority health needs,
mobilization of a community around identified priorities, and
monitoring the progress of community health education services;
(h) "County board of health" is one form of organization for
a local board of health and means a local board of health serving
a single county;
(i) "Department" means the West Virginia department of health
and human resources;
(j) "Director" or "director of health" means the state health officer. Administratively within the department, the bureau for
public health through its commissioner carries out the public
health function of the department, unless otherwise assigned by the
secretary;
(k) "Environmental health protection" is one of three areas of
basic public health services each local board of health must offer.
Services shall include efforts to protect the community from
environmental health risks such as improper food and milk, housing,
institutional, recreation, sewage, wastewater and drinking water
sanitation and response to disease or disaster outbreak;
(l) "Enhanced public health services" means services that
focus on health promotion activities to address a major health
problem in a community, are targeted to a particular population and
assist individuals in this population to access the health care
system, such as lead and radon abatement for indoor air quality and
positive pregnancy tracking. Enhanced public health services are
services a local health department may offer;
(m) "Local board of health,"local board" or "board" means a
board of health serving one or more counties or one or more
municipalities or a combination thereof;
(n) "Local health department" means the staff of the local
board of health;
(o) "Local health officer" means the individual physician with a current West Virginia license to practice medicine who supervises
and directs the activities of the local health department services,
staff and facilities and is appointed by the local board of health
with approval by the commissioner;
(p) "Municipal board of health" is one form of organization
for a local board of health and means a board of health serving a
single municipality;
(q) "Performance-based standards" means generally accepted,
objective standards such as rules or guidelines against which a
local health department's level of performance can be measured.
(r) "Primary care services" means health care services,
including medical care, that emphasize first contact patient care
and assume overall and ongoing responsibility for the patient in
health maintenance and treatment of disease. Primary care services
are services that local boards of health may offer if the board has
determined that an unmet need for primary care services exists in
its service area. Basic public health services funding may not be
used to support these services;
(s) "Program plan" or "plan of operation" means the annual
plan for each local board of health that must be submitted to the
commissioner for approval;
(t) "Secretary" means the secretary of the state department of
health and human resources; and
(u) "Service area" means the territorial jurisdiction of the
local board of health.
§16-2-3. Authority to create, establish and maintain county boards
of health; service area.
A county commission shall create, establish and maintain
a county board of health if no other local board of health
organized under this article is established and responsible for
public health in the service area. The county board of health
shall be organized pursuant to and with the powers and duties
prescribed by this article. The service area of any county board
of health is the county territorial limits and includes every
municipality within the county that does not have a municipal board
of health maintaining a separate full-time municipal health
department under the supervision of a municipal local health
officer or that is not a member of a combined local board of
health.
§16-2-4. Authority to create, establish and maintain municipal
boards of health; service area.
The governing body of a municipality may create, establish and
maintain a municipal board of health organized pursuant to and with
the powers and duties prescribed by this article. The territorial
jurisdiction of any municipal board of health is an area including
the municipality and all points within a distance of one mile from the limits of the municipality.
§16-2-5. Authority to create, establish and maintain combined
local boards of health; service area.
Any two or more counties or any county or counties and one or
more municipalities within or partially within the county or
counties may combine to create, establish and maintain a combined
local board of health organized pursuant to and with the powers and
duties prescribed by this article. The plan of combination must be
approved by the commissioner. The service area of any combined
local board of health is the combined territorial limits of the
participating municipality or municipalities and county or
counties:
Provided, That if a participating municipality is
located in a nonparticipating county, the service area of the
combined local board of health is limited to the territorial limits
of the municipality and does not extend to or include any area of
the nonparticipating county outside of the municipal limits:
Provided, however, That the service area of a combined local board
does not extend to or include any area within the service area of
a municipal board of health maintaining a separate full-time
municipal health department under the supervision of a municipal
local health officer.
§16-2-6. Appointment to and composition of municipal boards of
health; qualifications; number of appointees.
A municipal board of health is composed of five members
selected and appointed by vote of the governing body of the
municipality. Each member appointed to a municipal board of health
shall be a resident of the municipality. No more than two members
who reside in the same municipal ward may be appointed and no more
than two members may be appointed who are personally licensed or
certified in, engaged in, or actively participating in the same
business, profession or occupation. No more than three members of
a municipal board of health may belong to the same political party.
§16-2-7. Appointment to and composition of county boards of
health; qualifications; number of appointees.
A county board of health is composed of five members selected
and appointed by vote of the county commission. Each member
appointed to the county board of health shall be a resident of the
county. No more than two members who reside in the same
magisterial district may be appointed and no more than two members
may be appointed who are personally licensed or certified in,
engaged in, or actively participating in the same business,
profession or occupation. No more than three members of a county
board of health may belong to the same political party.
§16-2-8. Appointment to and composition of combined local boards
of health; qualifications; number of appointees.
A combined local board of health is composed of at least five members. The number of combined local board of health members to
be selected by each participating county or municipality shall be
established by agreement of the participating counties or
municipalities. No more than one half of the members of a combined
local board of health may be personally licensed or certified in,
engaged in, or actively participating in the same business,
profession or occupation. The number of members of a combined
local board of health belonging to the same political party may not
exceed by more than one the number of members belonging to another
political party. No member may be selected and appointed by and
represent more than one participating county or municipality.
The county commission of each participating county may select
and appoint by vote no fewer than one and no more than three
persons to serve as the representatives of the county on the
combined local board of health. Each member appointed as a county
representative to the combined local board of health shall be a
resident of the participating county. No more than two persons
residing in the same magisterial district may be appointed by a
participating county as members and no more than two members may be
appointed by a participating county who are personally licensed or
certified in, engaged in, or actively participating in the same
business, profession or occupation.
The governing body of each participating municipality may select and appoint by vote no fewer than one and no more than three
persons to serve as the representatives of the municipality on the
combined local board of health. Each member appointed as a
municipality's representative to the combined local board of health
shall be a resident of the municipality. No more than two members
who reside in the same municipal ward may be appointed and no more
than two members may be appointed who are personally licensed or
certified in, engaged in, or actively participating in the same
business, profession or occupation.
Upon the formation of a combined local board of health and
during the duration of its existence, there may be no separate
county board of health or municipal board of health in any county
or any municipality participating in the combined local board of
health.
§16-2-9. Local board of health; terms of appointment;
reappointment; oath of office; vacancies; removal;
compensation; expenses.
(a) The term of office for members selected and appointed to
a local board of health pursuant to the provisions of this article
is five years. Members may serve until their duly qualified
successors are selected and appointed by vote of the original
appointing authority. Members may be reappointed for additional
terms of five years. Board members' oaths of office shall be duly recorded before entering into or discharging any duties of the
office.
(b) Any vacancy on any local board of health shall be filled
by appointment of the original appointing authority. This
appointment is for the unexpired term.
(c) A local board of health may remove any of its members
pursuant to the provisions of its lawfully adopted bylaws and shall
remove any of its members for official misconduct, incompetence,
neglect of duty, gross immorality or the revocation of any state
professional license or certification. A local board of health, or
any of its members may be removed by the state health officer for
failure or refusal to comply with duties as set forth by statute or
rule. Upon removal, a successor or successors to the member or
members removed shall immediately be appointed by the original
appointing body pursuant to the provisions of this article.
(d) Each member of a local board of health may receive
compensation as determined by the local board for attending
meetings of and other activities for the board as required by law:
Provided, That this compensation may not exceed one hundred dollars
per day
. Each member of a local board may be reimbursed for all
reasonable and necessary travel and other expenses actually
incurred by the member in the performance of duties as a member of
the local board.
§16-2-10. Local board of health; meetings; attendance; bylaws;
quorum; chairperson selection, powers and duties.
(a) Each local board of health may meet as often as necessary
to orderly and efficiently execute its duties and exercise its
powers:
Provided, That in a service area having a population of
less than thirty thousand residents, the board shall meet no fewer
than four times per year and in a service area having a population
of more than thirty thousand residents, the board shall meet no
fewer than six times per year. Members of a local board of health
shall attend board meetings in compliance with attendance policies
established by its bylaws or rules.
(b) Each local board of health is authorized to and shall
adopt and may amend bylaws or rules governing the time and place of
its regular meetings, procedures and method of conducting its
meetings including quorum, meeting attendance policies,
requirements for written minutes and board actions as public
records, duties and election process for officers, process for
filling board vacancies, number, duties, tenure and eligibility of
members, and any other matters affecting how the board is organized
to perform its duties. A quorum of the board for transacting
business is a simple majority of the constituent membership of the
board.
(c) Each local board of health, pursuant to its bylaws, shall elect from its members a chairperson. The chairperson shall serve
for a term of one year and may be reelected for additional terms.
The chairperson may, on behalf of the board, sign documents,
execute contracts and otherwise act for and in the name of the
board in all matters within its lawful powers and as duly
authorized by a majority of the board members.
§16-2-11. Local board of health; powers and duties.
(a) Each local board of health created, established and
operated pursuant to the provisions of this article shall:
(1) Provide the following basic public health services and
programs in accordance with state public health performance-based
standards:
(i) Community health promotion including assessing and
reporting community health needs to improve health status,
facilitating community partnerships including identifying the
community's priority health needs, mobilization of a community
around identified priorities and monitoring the progress of
community health education services;
(ii) Environmental health protection including the promoting
and maintaining of clean and safe air, water, food and facilities
and the administering of public health laws as specified by the
commissioner as to general sanitation, the sanitation of public
drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and
(iii) Communicable or reportable disease prevention and
control including disease surveillance, case investigation and
follow-up, outbreak investigation, response to epidemics, and
prevention and control of rabies, sexually transmitted diseases,
vaccine preventable diseases, HIV/AIDS, tuberculosis and other
communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and
pleasure of the local board of health with approval of the
commissioner;
(3) Submit a general plan of operation to the commissioner for
approval, if it receives any state or federal money for health
purposes. This program plan shall be submitted annually and comply
with provisions of the local board of health standards
administrative rule;
(4) Provide equipment and facilities for the local health
department that are in compliance with federal and state law;
(5) Permit the commissioner to act by and through it, as
needed. The commissioner may enforce all public health laws of
this state, the rules and orders of the secretary, any county
commission orders or municipal ordinances of the board's service
area relating to public health, and the rules and orders of the
local board within the service area of a local board. The commissioner may enforce these laws, rules and orders when, in the
opinion of the commissioner, a public health emergency exists or
when the local board fails or refuses to enforce public health laws
and rules necessary to prevent and control the spread of a
communicable or reportable disease dangerous to the public health.
The expenses incurred shall be charged against the counties or
municipalities concerned;
(6) Deposit all moneys and collected fees into an account
designated for local board of health purposes. The moneys for a
municipal board of health shall be deposited with the municipal
treasury in the service area. The moneys for a county board of
health shall be deposited with the county treasury in the service
area. The moneys for a combined local board of health shall be
deposited in an account as designated in the plan of combination:
Provided, That nothing contained in this subsection is intended to
conflict with the provisions of article one, chapter sixteen of
this code;
(7) Submit vouchers or other instruments approved by the board
and signed by the local health officer or designated representative
to the county or municipal treasurer for payment of necessary and
reasonable expenditures from the county or municipal public health
funds:
Provided, That a combined local board of health shall draw
upon its public health funds account in the manner designated in the plan of combination;
(8) Participate in audits, be in compliance with tax
procedures required by the state and annually develop a budget for
the next fiscal year;
(9) Perform public health duties assigned by order of a county
commission or by municipal ordinance consistent with state public
health laws; and
(10) Enforce the public health laws of this state and any
other laws of this state applicable to the local board.
(b) Each local board of health created, established and
operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and categorical
programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative,
clerical or other persons, to serve as needed and at the will and
pleasure of the local board of health. Staff and any contractors
providing services to the board shall comply with applicable West
Virginia certification and licensure requirements. Eligible staff
employed by the board shall be covered by the rules of the division
of personnel under section six, article ten, chapter twenty-nine of
this code. However, any local board of health may, in the
alternative and with the consent and approval of the appointing
authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit
system and may be established by the local board by its order,
subject to the approval of the appointing authority, adopting and
making applicable to the local health department all, or any
portion of any order, rule, standard, or compensation rate in
effect in the state merit system as may be desired and as is
properly applicable.
(3) Adopt and promulgate and from time to time amend rules
consistent with state public health laws and the rules of the West
Virginia state department of health and human resources, that are
necessary and proper for the protection of the general health of
the service area and the prevention of the introduction,
propagation and spread of disease. All rules shall be filed with
the clerk of the county commission or the clerk or the recorder of
the municipality or both and shall be kept by the clerk or
recording officer in a separate book as public records;
(d) Accept, receive and receipt for money or property from any
federal, state or local governmental agency, from any other public
source or from any private source, to be used for public health
purposes or for the establishment or construction of public health
facilities;
(e) Assess, charge and collect fees for permits and licenses
for the provision of public health services:
Provided, That permits and licenses required for agricultural activities may not
be assessed, charged or collected:
Provided, however, That a local
board of health may assess, charge and collect all of the expenses
of inspection of the physical plant and facilities of any
distributor, producer or pasteurizer of milk whose milk
distribution, production or pasteurization facilities are located
outside this state but who sells or distributes in the state, or
transports, causes or permits to be transported into this state,
milk or milk products for resale, use or consumption in the state
and in the service area of the local board of health. A local
board of health may not assess, charge and collect the expenses of
inspection if the physical plant and facilities are regularly
inspected by another agency of this state or its governmental
subdivisions or by an agency of another state or its governmental
subdivisions certified as an approved inspection agency by the
commissioner. No more than one local board of health may act as
the regular inspection agency of the physical plant and facilities;
when two or more include an inspection of the physical plant and
facilities in a regular schedule, the commissioner shall designate
one as the regular inspection agency;
(f) Assess, charge and collect fees for services provided by
the local health department:
Provided, That fees for services
shall be submitted to and approved by the commissioner;
(g) Contract for payment with any municipality, county or
board of education for the provision of local health services or
for the use of public health facilities. Any contract shall be in
writing and permit provision of services or use of facilities for
a period not to exceed one fiscal year. The written contract may
include provisions for annual renewal by agreement of the parties;
and
(h) Retain and make available child safety car seats, collect
rental and security deposit fees for the expenses of retaining and
making available child safety car seats, and conduct public
education activities concerning the use and preventing the misuse
of child safety car seats
: Provided, That this subsection is not
intended to conflict with the provisions of section forty-six,
article fifteen, chapter seventeen-c of this code:
Provided,
however, That any local board of health offering a child safety car
seat program or employee or agent of a local board of health is
immune from civil or criminal liability in any action relating to
the improper use, malfunction or inadequate maintenance of the
child safety car seat and in any action relating to the improper
placement, maintenance or securing of a child in a child safety car
seat.
(i) The local boards of health are charged with protecting the
health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the
Legislature for the benefit of local boards of health shall be used
for provision of basic public health services.
§16-2-12. Local health officer; term of appointment;
qualifications; reappointment; compensation; and
removal.
A local board of health shall appoint a full-time or part-time
local health officer with approval by the commissioner. The local
health officer shall be a physician currently licensed in this
state and knowledgeable in the science of public health. A local
health officer serves at the will and pleasure of the local board
for a term of one year and is eligible for reappointment at
compensation determined by the local board of health.
A local health officer may be removed from office by the
commissioner if the local health officer fails or refuses to carry
out the lawful orders or rules of the secretary in the event the
commissioner determines a public health emergency exists or if the
local health officer fails or refuses to enforce public health laws
and rules necessary to prevent and control the spread of
communicable or reportable diseases dangerous to the public health.
Upon removal, a successor local health officer shall immediately be
appointed by the board pursuant to the provisions of this article.
§16-2-13. Local health officer; powers and duties.
(a) A local health officer serves as the executive officer of
the local board and under its supervision, a local health officer
shall administer the provisions of this article, all other laws of
this state and the rules and orders of the secretary of the
department relating to public health and applicable to the local
board's service area, any county commission orders and municipal
ordinances of the board's service area relating to public health
and the rules and orders of the local board.
(b) A local health officer has the following additional powers
and duties which may be delegated with the approval of the board:
(1) To attend local board meetings as a nonvoting member. A
local health officer serves as secretary at all board meetings and
is responsible for maintaining the board's offices, meeting minutes
and records;
(2) To supervise and direct the activities of the local
board's health services, employees and facilities;
(3) To insure that procedures are established for the receipt
of communicable or reportable disease reports from local physicians
and other reporting sources and for the transmittal of the reports
to the commissioner;
(4) To perform mandatory HIV tests on persons convicted of
sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an
individual or entity for public health purposes by an employee of
the local board of health.
§16-2-14. Financial responsibilities of appointing authorities for
local boards of health; levies;
appropriation of
county or municipal general funds for public health
purposes; state funding.
The appointing authorities for local boards of health shall
provide financial support for the operation of the local health
department. The county commission of any county or the governing
body of any municipality in which a local board of health is
established pursuant to the provisions of this article, or the
county commission of any county or the governing body of any
municipality who is a participating member of a combined local
board of health may levy a county or municipal tax to provide funds
for the local board of health:
Provided, That the tax may not
exceed three cents on each one hundred dollars of assessed
valuation of the taxable property in the levying county or
municipality, according to the latest assessment.
The county commission of any county or the governing body of
any municipality in which a local board of health is established
pursuant to the provisions of this article, or the county
commission of any county or the governing body of any municipality who is a participating member of a combined local board of health
may appropriate and spend money from the county or municipal
general funds for public health purposes and to pay the expenses of
the operation of the local board of health services and facilities.
The commissioner and the secretary may pay over and contribute
to any board of health created and maintained pursuant to the
provisions of this article the sum or sums of money that may be
available from funds included in appropriations made for the
department of health and human resources. The commissioner may
withhold all or part of any funds until a local board of health
submits an acceptable plan to correct deficiencies in the local
board's program plan.
§16-2-15. Obstructing local health officers and others in the
enforcement of public health laws; other violations;
penalties.
Any person who willfully obstructs or opposes any local health
officer, public health nurse, sanitarian or any other person
charged with the enforcement of any public health law, in the
performance of that person's legal duties in enforcing the law, is
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not less than two hundred dollars and not more than one
thousand dollars.
Any person who willfully violates any of the provisions of this article, or any of the rules or orders adopted or issued
pursuant to the provisions, for which a penalty is not otherwise
provided, is guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than two hundred dollars and not
more than one thousand dollars.
Magistrates have concurrent jurisdiction with the circuit
courts of this state for violations of provisions of this article.
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